Matter of Attorneys in Violation of Judiciary Law § 468-a (Riddell), 2024 NY Slip Op 02858 [227 AD3d 1315]

May 23, 2024

Appellate Division, Third Department

[*1]

In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Christian John Riddell, Respondent. (Attorney Registration No. 5071899.)

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department.

Christian John Riddell, Martinsburg, West Virginia, respondent pro se.

Motion by respondent for an order reinstating him to the practice of law following his suspension by May 2019 order of this Court ( Matter of Attorneys in Violation of Judiciary Law § 468-a , 172 AD3d 1706 , 1749 [3d Dept 2019]; see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16; Rules of App Div, 3d Dept [22 NYCRR] § 806.16).

Upon reading respondent’s notice of motion and affidavit with exhibits sworn to March 27, 2024, his supplemental affirmation with exhibits dated April 24, 2024, and the May 1, 2024 responsive correspondence from the Attorney Grievance Committee for the Third Judicial Department, and having determined, by clear and convincing evidence, that (1) respondent has satisfied the requirements of Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16 (c) (5), [FN*] (2) respondent has complied with the order of suspension and the rules of this Court, (3) respondent has the requisite character and fitness to practice law, and (4) it would be in the public interest to reinstate respondent to the practice of law ( see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16 [a]), it is ordered that respondent’s motion for reinstatement is granted; and it is further ordered that respondent is reinstated as an attorney and counselor-at-law, effective immediately. Garry, P.J., Reynolds Fitzgerald, Fisher, McShan and Powers, JJ., concur. Footnotes Footnote *: We remind the bar that an attorney who has been suspended solely due to failing to maintain his or her attorney registration requirement and who has been suspended for more than two years is no longer required to pass the Multistate Professional Responsibility Exam prior to seeking reinstatement, but rather must demonstrate compliance with certain continuing legal education requirements contained within Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16 (c) ( see Matter of Clark , 214 AD3d 1250 , 1251-1252 [3d Dept 2023]). Given this, we deem respondent’s request for a waiver of the Multistate Professional Responsibility Exam academic..